CHAPTER 1

SB 264 – FINAL VERSION

03/19/2015 0833s

1Apr2015… 1116h

2015 SESSION

15-0997

06/09

SENATE BILL 264

AN ACT relative to tipped employees.

SPONSORS: Sen. Stiles, Dist 24; Sen. Fuller Clark, Dist 21; Sen. Prescott, Dist 23; Rep. F. Rice, Rock 21; Rep. Emerick, Rock 21; Rep. Moody, Rock 17

COMMITTEE: Executive Departments and Administration

ANALYSIS

This bill includes employees of certain ballrooms as tipped employees for purposes of the minimum hourly rate.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/19/2015 0833s

1Apr2015… 1116h

15-0997

06/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Fifteen

AN ACT relative to tipped employees.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1:1 Minimum Hourly Rate; Tipped Employees. Amend the introductory paragraph of RSA 279:21 to read as follows:

279:21 Minimum Hourly Rate. Unless otherwise provided by statute, no person, firm, or corporation shall employ any employee at an hourly rate lower than that set forth in the federal minimum wage law, as amended.

Tipped employees of a restaurant, hotel, motel, inn or cabin, or ballroom who customarily and regularly receive more than $30 a month in tips directly from the customers will receive a base rate from the employer of not less than 45 percent of the applicable minimum wage. If an employee shows to the satisfaction of the commissioner that the actual amount of wages received at the end of each pay period did not equal the minimum wage for all hours worked, the employer shall pay the employee the difference to guarantee the applicable minimum wage. The limitations imposed hereby shall be subject to the following exceptions:

1:2 New Paragraph; Minimum Wage Law; Definitions; Ballroom. Amend RSA 279:1 by inserting after paragraph XV the following new paragraph:

XVI. “Ballroom” means an indoor facility which has seating accommodations for at least 500 patrons, provides live entertainment, and is licensed by the New Hampshire liquor commission.

1:3 Effective Date. This act shall take effect upon its passage.

Approved: April 10, 2015

Effective Date: April 10, 2015